Hello, I have a 1 page summary that is due tomorrow. I will attach the documents
Attorney-Client Conference Checklist
The prosecutor’s ethical duty is to ensure that the State has sufficient evidence to prove the criminal charge(s) beyond a reasonable doubt prior to filing formal charges. Thus, the prosecutor’s primary consideration should be related to the strengths and weaknesses of the evidence. Not all evidence is admissible, and as such, the prosecutor must also determine whether the evidence was lawfully obtained, and whether the evidence is admissible under the Rules of Evidence. The defense attorney’s ethical duty is to zealously defend their client. To do so, they must thoroughly analyze the evidence, determine the strengths and weaknesses, and identify legal and factual defenses. In addition, the attorney must communicate effectively with their client. The client must understand the strengths and weaknesses of the case, and likewise the attorney must understand the client’s goals. Use the following checklist in preparation for your attorney-client conference:
• Attorney Introduction o Identify yourself to the client and explain your background. o Explain the purpose of the meeting: discuss charges, evidence, goals, and
options • Case Status and Charges
o Review the charge o Confirm the case posture: client is in custody, unable to afford bond
• Client Goals and Priorities o As the Client, you must explain your circumstances and clearly articulate your
goals • Evidence Review
o The Attorney should ask the Client for their version of the facts. o Discuss possible legal defenses
• Sentencing Exposure o Explain the Criminal Punishment Code:
§ 114 total points on the scoresheet § 64.5 months bottom of the guidelines to 30 years
o Discuss potential outcomes § Trial risk v. Plea § Mitigation possibilities
• Collateral Considerations to the Plea o Financial challenges: probation fees, ankle monitor, treatment costs, etc. o Employment risk: prolonged custody o Family impact: guardianship of sister
• Negotiation Strategies o Identify the final end goal o Identify possible alternatives that the Client is willing to accept o Determine your opening offer to the Prosecutor, and develop a persuasive
strategy.